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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 327   View pdf image (33K)
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ABERCROMBIE VS. RIDDLE. 327
seems to be well established that the hnman system, when
laboring under a chronic affection, ie measurably exempt from
those acute and rapid attacks before which the vital principle
rapidly gives way. Judging, therefore, from all before me,
and being painfully conscious that I am to a great extent
groping in the dark, I am persuaded that by approving the
conclusion to which the Auditor has come upon this question,
I am quite as, and perhaps more, likely to do justice to the
parties than by adopting any other course. Considering the
long series of years through which Mrs. Abercrombie's consti-
tution has maintained her against the approaches of the dis-
ease which ia gradually but slowly wearing away her life, I see
no reason to suppose it may not yet be protracted for the
period assumed by the Auditor, and therefore shall overrule
the exception of the complainant in this respect.
The remaining question arises upon the third exception of
the Insurance Company to the accounts reported by the Audi-
tor, marked A, B, and E, because they do not give to the
Company, as assignee of Mrs. Abercrombie, a proportionate
part of the dividends on the stock sold, which had accrued up
to the day of sale.
The stocks, it appears, were sold some short time before the
declaration of the dividends, and it is of course conceded that
the title to the dividends subsequently declared passed by the
sale and transfer of the shares to the purchaser. There can-
not, therefore, be any claim to a proportion of the dividends
as such, nor has any such claim been asserted in the argument.
The exception is pressed, not upon the ground that the Com-
pany is entitled to any part of the dividend received by the
owner of the stock when it was declared, but upon the hypo-
thesis that as the value of the stock must have been enhanced
by the near approach of the period when a dividend might be
expected, it is reasonable to presume its price in the market
was improved in proportion to such enhancement in the value.
That is, it is supposed the purchaser gave not only the value
of the stock, irrespective of the dividend, but in addition
thereto, the proportion of dividends which had accrued to the

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 327   View pdf image (33K)
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